Gujarat High Court
Icici Lombard General Insurance Co. Ltd vs Kusumben Bhemabhai Chauhan(Sister) on 13 August, 2022
C/FA/1937/2020 CONCILIATION ORDER DATED: 13/08/2022
IN THE HIGH COURT LEGAL SERVICES COMMITTEE, AHMEDABAD
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ON THIS 13TH DAY OF AUGUST, 2022
CONCILIATORS PRESENT: HONOURABLE MR. JUSTICE SANDEEP
N. BHATT
AND
CONCILIATOR - MR. ANSHIN H. DESAI
(SENIOR ADVOCATE, HIGH COURT OF
GUJARAT)
R/FIRST APPEAL NO. 1937 of 2020
1 ICICI LOMBARD GENERAL
INSURANCE CO. LTD.
AT 2ND FLOOR, RADHE
SHYAM COMPLEX,
GAMDIVAD, ANAND
Appellant(s)
VERSUS
1 KUSUMBEN BHEMABHAI 2 KESRISINH MADHABHAI
CHAUHAN(SISTER) CHAUHAN(UNCLE)
HEIRS OF LATE HEIRS OF LATE
RAMANBHAI BHEMABHAI RAMANBHAI BHEMABHAI
CHAUHAN? CHAUHAN?
RESD AT RATANPUR, AT RESD AT RATANPUR, TA
PRESENT SHERI, TA KATHLAL, DIST KHEDA
MAHUDHA, DIST MAHUDHA
3 BHAVANSINH MADHABHAI 4 RAJMOHMMAD
CHAUHAN(UNCLE) MOHAMADHANIF
HEIRS OF LATE RANGERAZ
RAMANBHAI BHEMABHAI RESD AT 66,
CHAUHAN? KUTUBNAGAR, VATVA
RESD AT RATANPUR, TA ROAD, AHMEDABAD
KATHLAL, DIST KHEDA
5 SOKATMIYA ISMAILMIYA
MALEK
(AMENDMENT AS PER
BELOW EXH. 13)?
RESD AT RAMOL, GAMTAL,
TA DASKROI, DIST
AHMEDABAD
Defendant(s)
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C/FA/1937/2020 CONCILIATION ORDER DATED: 13/08/2022
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Appearance:
MR CHIRAYU A MEHTA(3256) for the Appellant(s) No. 1 NISHIT A BHALODI(9597) for the Defendant(s) No. 1,2,3 RULE SERVED for the Defendant(s) No. 5 SERVED BY AFFIX. (R) for the Defendant(s) No. 4 ================================================================ This First Appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 11.02.2020 passed by the Motor Accident Claims Tribunal (Auxi.), Kheda at Nadiad in Motor Accident Claim Petition No.1430 of 2012 partially allowing the claim petition or compensation, seeking enhancement of compensation.
This appeal coming on for conciliation before Lok Adalat, the following order is passed :
CONCILIATION ORDER
1. With consent of the rival parties, matter is taken up for hearing/conciliation in Lok Adalat today.
2. Learned advocates appearing for the respective parties have placed on record compromise purshis dated 13th August, 2022 signed by both the parties and submitted that the matter may be disposed of in view of the compromise arrived at between the parties. The compromise purshis reads as under:
"The present matter is filled by the Appellant against the order passed by MAC Tribunal (Nadiad) in the MACP no.1430/2012. The quantum involved in the matter is less and considering the smallness of the amount involved in the matter, the parties have decided to settle the matter, Both the parties have agreed that the order of the Tribunal modified to the extent that rate of interest which was awarded by the Concerned Tribunal is reduced to 6% per annum and the additional interest amount deposited by the Page 2 of 4 Downloaded on : Sat Dec 24 23:22:51 IST 2022 C/FA/1937/2020 CONCILIATION ORDER DATED: 13/08/2022 Appellant is to be returned to the Appellant. The parties have further agreed that the remaining amount which is required to be paid to the Respondent shall be paid after proper verification by account payee cheque or NEFT. The necessary Court Fees, which were filled/ deposited before this court by Appellant is to be reimbursed and the court fees Stamp Certificate may be issued in the name of the Appellant.
The parties further agreed that disposal of this matter will not affect any other connected matter arising out of the same accident and the same cannot be treated as precedent in any further cases for reference. In view off the above, the undersigned prays to pass appropriate order for withdrawal above appeal."
3. The First Appeal stands disposed of in terms of the settlement purshis.
4. It is made clear that this disposal shall not be treated as precedent by the either side and it will not affect any connected matter/s or any other proceedings pending before any other Court or Tribunal.
5. Necessary Court fees, if any, be reimbursed as per sub-section (1) of Section 21 of the Legal Services Authorities Act, 1987, through an electronic mode to the appellant.
6. Since the appeal is settled, the claim amount, if any, lying with the Bank in the form of FDs, lying either with the Tribunal or with the Nazir Branch of the Court, may be disbursed in favour of the original claimant/s after due verification by way of an Account Payee Cheque. The apportionment of the awarded amount, if any, shall be in the very terms, as ordered by the Tribunal in the original award.
7. As rate of interest which was awarded by the Concerned Tribunal is reduced to 6% per annum, the additional interest amount deposited Page 3 of 4 Downloaded on : Sat Dec 24 23:22:51 IST 2022 C/FA/1937/2020 CONCILIATION ORDER DATED: 13/08/2022 by the appellant is to be returned to the appellant and the remaining amount shall be paid to the respondent-claimant/s after proper verification by account payee cheque or NEFT.
8. Record & proceedings, if any, shall be remitted back to the concerned Tribunal forthwith.
9. Accordingly, Civil Application/s, pending if any, would not survive and is disposed of.
(SANDEEP N. BHATT,J) CONCILIATOR (ANSHIN H. DESAI, SENIOR ADVOCATE) CONCILIATOR T. J. Bharwad Page 4 of 4 Downloaded on : Sat Dec 24 23:22:51 IST 2022